Vorys on Labor

Vorys on Labor

Insights for the Labor Relations Professional

Tag Archives: First Amendment

Class Actions Filed in Ohio Challenging Public Sector Employee Agency Fees and Union Dues

Posted in Courts, Union Membership
The landmark Supreme Court decision in Janus has now precipitated the filing of two new class actions, right here in Central Ohio.  Last week, public employees working at different public agencies, filed two class actions challenging not only the agency fees they have paid in the past, but also union dues they attempted to halt… Continue Reading

Requesting Police Enforcement of Trespass Law is a “Petition” to the Government

Posted in Courts, Unions
The First Amendment to the United States Constitution protects the right of the people “to petition the Government for a redress of grievances.”  Courts have concluded that when a person petitions the Government in good faith, the First Amendment prohibits any sanction for that conduct.  Applied in the labor law context, therefore, employer conduct that… Continue Reading

Update: Second Lawsuit Filed Challenging NLRB Ambush Election Rule

Posted in NLRB, Rulemaking
Updating our previous post, a second group filed suit (pdf) against the NLRB last week, challenging its ambush election rule.  This time, the challenge comes from The Associated Builders and Contractors of Texas Inc., who are joined by the same organization’s Central Texas Chapter and the National Federation of Independent Business/Texas.  They have asked the… Continue Reading

New Rule on Election Procedures will Speed Up Union Elections

Posted in NLRB, Union Organizing
The NLRB has, after much anticipation, issued its “ambush election” or “quickie election” final rule.  A summary of the major provision in the rules can be found here.   The rulemaking, which followed a long and tortured procedural path, is a major overhaul of the procedures used to conduct secret ballot, union elections. These elections are an important… Continue Reading

Employers Must Allow Employees to Use Employer Owned and Operated Email Systems for Union Organizing

Posted in NLRB, Union Organizing
Since 2007, as a result of the NLRB’s Register Guard decision, an employer could lawfully limit the use of its email system by employees for certain non-business related activities, assuming that it applied the rule non-discriminatorily.  On December 10, 2014, in a 3-2 decision, the NLRB reversed the old rule established in Register Guard and… Continue Reading

Supreme Court Deals Blow to Public Sector Unions

Posted in Union Membership
In a close decision earlier this week, the U.S. Supreme Court dealt a blow to unions representing government employees. The case, Harris v. Quinn, dealt with an effort in Illinois to permit unions to organize a group of individuals who provide services to those who are unable to live in their own homes without assistance. Under the… Continue Reading